Assault and Battery

Charged with Assault and Battery in the Southern California Area? If so, you need a top notch Criminal Defense Attorney experienced with Assault and Battery cases who will be able to aggressively represent your interests.

The consequences of being charged with assault and battery in California could be very serious. You could be facing county jail time or many years in state prison depending on the offense and severity of the assault and battery allegation.

The victim has not actually been touched, but only threatened, “the unlawful attempt to violently injure another person.” Various types of behavior are included in the definition of assault, even threats and attempts to physically injure someone would qualify as an assault. A Los Angeles Criminal Defense Attorney can help you with assault charges in all Southern California Counties.

California Battery Charges

The victim has been actually touched by the person committing the crime, “unwanted touching of another person, or anything connected to that person.” Considered offensive, the definition of battery includes an intended act and without consent of the person being affected. The primary difference between assault and battery is that battery requires more than merely the verbal threat of harm. A Los Angeles Criminal Defense Attorney can help you with battery charges in all Southern California Counties.

Once arrested, you must be advised of your constitutional rights (the “Miranda Warning”) before any further questioning takes place. You have the right to have a lawyer present during your questioning. Simple assault and battery are considered misdemeanors and subject the defendant to potential county jail time. Severe assault and battery, including the presence of firearms, may increase the sentence to up to
many years in the state prison, to be determined by the judge.

Applicable California Law Sections for Assault and Battery:

• California Penal Code Section 240, is an unlawful attempt, coupled
with a present ability, to commit a violent injury on the person of another.

• California Penal Code Section 242, willful and unlawful use of force
or violence upon the person of another.

• California Penal Code 243.4.
(a) Any person who touches an intimate part of another person while that
person is unlawfully restrained by the accused or an accomplice, and if the
touching is against the will of the person touched and is for the purpose of
sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual
battery.

• California Penal Code Section 245(a)(1) “any person who commits an
assault upon the person of another with a deadly weapon other than a firearm or
by any means of force likely to produce great bodily injury shall be punished
by imprisonment in the state prison for two, three, or four years, or in a
county jail for not exceeding one year, or by a fine not exceeding ten thousand
dollars ($10,000), or by both the fine and imprisonment.”

Carey Caruso is an Expert Assault and Battery Criminal Defense Attorney who cares about each and every client that he represents. He is well known and respected by judges, prosecutors and fellow attorneys throughout California which helps him succeed in getting favorable results for his clients whether it is through negotiation
or a jury trial.

Call the Law Office of Carey Caruso (24/7 Live Service) now for a free confidential
consultation to discuss your Assault and Battery Criminal case. Los Angeles Criminal Defense Law Office (310) 553-8580

Trial Attorney Carey Caruso is a Southern California Area Criminal Defense
Attorney and serves clients in the Counties of Los Angeles, Orange, Riverside,
San Diego, Santa Barbara, San Bernardino and Kern, California.